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Binod Lima vs State Of Odisha

Orissa High Court · Decided on 25 July 2024 · Citation: (2024) 07 OHC CK 0100

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Narcotics Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 25, 27A, 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4695 Of 2023
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Judgment

9 paragraphs · 365 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 15.5.2022 in connection with Padmapur P.S. Case No.45/2022 corresponding to T.R. Case No.54/2022 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, for the alleged commission of the offence under Sections 20(b)(ii) (C)/25/27A/29 of the N.D.P.S. Act.

4.

The prosecution case is that on receiving reliable information regarding transportation of contraband ganja, Police conducted search on the road during which two Bolero vehicles were detained. On search, the contraband ganja weighing 170.600 grams was recovered from both the vehicles. Further, three persons were apprehended being the occupants of the said vehicles. Admittedly, the Petitioner was not present at the spot. He was implicated on the statement of the co-accused persons to the effect that he is the registered owner of one of the Bolero vehicle in which 68 kgs of contraband was being transported. There is no other material to show either the presence of the Petitioner at the spot or of being in conscious possession thereof. That apart, the Petitioner’s implication is on the basis of the statement of the co-accused persons. As such, the ratio laid down in the case of Tofan Singh v. State of Tamil Nadu; reported in (2020) 80 OCR (SC)-641, is squarely applicable to the present case.

5.

Taking into consideration all the above facts, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial court on each date of posting of the case without seeking representation through counsel and he shall appear before the I.I.C. of Padmapur on every Sunday at 10 A.M. for a period of six months and such fact shall be certified by the I.I.C. to the concerned court once every month.

6.

The BLAPL is disposed of.

7.

Urgent certified copy of this order be granted on proper application.

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